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Employment
employees and employers, and 11 trade union federations. The yearly average of the declared membership of employee unions over the five years from 2012 to 2016 was about 850,000. During the same period, the trade union participation rate, meaning the proportion of the total declared membership of employee unions to the total number of salaried employees and wage earners, was 24 per cent.
As at end-2017, about half of the employee unions were affiliated to four major labour organisations: the Hong Kong Federation of Trade Unions (191 unions), Federation of Hong Kong and Kowloon Labour Unions (92 unions), Hong Kong Confederation of Trade Unions (82 unions), and Hong Kong and Kowloon Trades Union Council (27 unions).
Minor Employment Claims Adjudication Board
This board determines claims arising from disputes of statutory or contractual rights of employment that involve not more than 10 claimants in each case and for sums not exceeding $8,000 per claimant. In 2017, it dealt with 828 claims and granted awards amounting to $1.91 million.
Labour Tribunal
The Labour Tribunal is part of the Judiciary. It is a quick, simple and inexpensive channel for adjudicating labour disputes that are not within the exclusive jurisdiction of the Minor Employment Claims Adjudication Board. In 2017, 4,015 cases were filed with the tribunal, of which 3,909 were initiated by employees and 106 by employers. Of these, 94 per cent were referred by the Labour Department. The tribunal dealt with 4,048 cases and granted awards totalling more than $227 million.
Employees' Rights and Benefits
The Employment Ordinance provides for various employment-related benefits and entitlements to employees. Over and above the statutory requirements, employers and employees are free to negotiate the terms and conditions of employment.
Legal Protection
In general, children under 15 are prohibited by law from taking up employment. Children aged 13 and 14 may work in non-industrial establishments under strict rules, while young people aged 15 to 17 may work in industrial establishments, subject to restrictions on their working hours.
Labour inspectors conduct workplace inspections to ensure employers comply with laws which safeguard workers' rights and benefits. The inspectors also check employees' proof of identity and work with the police and Immigration Department to combat illegal employment. In 2017, the three departments carried out 220 joint operations.
Enforcement against Wage Offences
The Labour Department takes active steps to prevent wage defaults. It also pursues vigorous enforcement action against employers who fail to pay wages due to their employees, and
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